130th Ohio General Assembly
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Am. H. B. No. 416  As Reported by the House Education Committee
As Reported by the House Education Committee

130th General Assembly
Regular Session
2013-2014
Am. H. B. No. 416


Representatives Burkley, Hill 

Cosponsors: Representatives Blessing, Brenner, Brown, Derickson, Dovilla, Hall, Hood, Landis, Kunze, Retherford, Roegner, Rosenberger, Stautberg, Thompson, Milkovich, Smith, Bishoff 



A BILL
To amend Section 733.10 of Am. Sub. H.B. 59 of the 130th General Assembly to permit up to four additional school "calamity" days in the 2013-2014 school year; to authorize, for the 2013-2014 school year, schools to make up in half-hour increments "calamity" days missed in excess of the number of days permitted by law; and to declare an emergency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That Section 733.10 of Am. Sub. H.B. 59 of the 130th General Assembly be amended to read as follows:
Sec. 733.10. Notwithstanding section 3317.01 of the Revised Code, as amended by this act Am. Sub. H.B. 59 of the 130th General Assembly, to determine whether a school district or STEM school established under Chapter 3326. of the Revised Code satisfied the minimum school year in the 2013-2014 school year in order to qualify for state funding under Chapter 3317. or 3326. of the Revised Code for fiscal year 2015, the Department of Education shall apply the criteria prescribed in the version of division (B) of section 3317.01 of the Revised Code in effect prior to July 1, 2014. However, no school district or STEM school shall be denied payments under Chapter 3317. or 3326. of the Revised Code for fiscal year 2015, nor shall a chartered nonpublic school be determined not in compliance with the state minimum school year, solely because any school operated by the district, STEM school, or chartered nonpublic school was open for instruction during the 2013-2014 school year for not more than four days fewer than the number of days required by the versions of sections 3313.48, 3313.481, and 3317.01 of the Revised Code in effect prior to July 1, 2014, if the reason the school was not open for the required number of days was due to any of the reasons set forth in division (B) of that version of section 3317.01 of the Revised Code.
Section 2.  That existing Section 733.10 of Am. Sub. H.B. 59 of the 130th General Assembly is hereby repealed.
Section 3.  For determining payments for fiscal years 2014 and 2015, the Department of Education shall continue to waive the number of hours or days of learning opportunities not offered to a student by a community school, established under Chapter 3314. of the Revised Code, for the reasons set forth in division (H)(4) of section 3314.08 of the Revised Code, so long as the school was actually open for instruction with students in attendance for not less than the minimum hours required under Chapter 3314. of the Revised Code.
Section 4. A school district, STEM school established under Chapter 3326. of the Revised Code, or a chartered nonpublic school may apply the provisions of this section after applying the additional excused days for the 2013-2014 school year authorized under Section 733.10 of Am. Sub. H.B. 59 of the 130th General Assembly, as amended by this act.
Notwithstanding anything to the contrary in the contingency plan it adopted for the 2013-2014 school year under division (A) of former section 3313.482 of the Revised Code or division (B) of the version of section 3317.01 of the Revised Code in effect prior to July 1, 2014, if during the 2013-2014 school year a school district, STEM school, or chartered nonpublic school closes or evacuates any school building for any of the reasons set forth in division (B) of the version of section 3317.01 of the Revised Code in effect prior to July 1, 2014, or as a result of a bomb threat or any other report of an alleged or impending explosion, and if, as a result of the closing or evacuation, the school district, STEM school, or chartered nonpublic school is unable to meet, for the 2013-2014 school year, the requirements of the versions of sections 3313.48, 3313.481, and 3317.01 of the Revised Code in effect prior to July 1, 2014, regarding the number of days schools must be open for instruction or the requirements of the state minimum standards for the school day that are established by the Department of Education regarding the number of hours there must be in the school day, the school district, STEM school, or chartered nonpublic school may increase the length of one or more other school days during the 2013-2014 school year for the school that was closed or evacuated, in increments of one-half hour, to make up the number of hours or days that the school building in question was so closed or evacuated for the purpose of satisfying the requirements of those sections.
A school district, STEM school, or chartered nonpublic school that makes up, as described in this section, all of the hours or days that its school buildings were closed or evacuated for any of the reasons identified in this section shall be deemed to have complied with the requirements of the versions of sections 3313.48, 3313.481, and 3317.01 of the Revised Code in effect prior to July 1, 2014, regarding the number of days schools must be open for instruction and the requirements of the state minimum standards regarding the number of hours there must be in the school day for the 2013-2014 school year.
Section 5. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for the necessity is that immediate action is necessary to avoid delays in payments to schools that exceeded the number of permitted calamity days in the 2013-2014 school year because of a public calamity. Therefore, this act shall go into immediate effect.
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